HomeMy WebLinkAboutInformation Report 02-05INFORMATION REPORT NO. 02-05
FOR PUBLIC INFORMATION MEETING OF
February 17, 2005
IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS
OF THE PLANNING ACT, R.S.O. 1990, chapter P.13
SUBJECT: Zoning By-law Amendment Application A 01/05
The Pickering Home & Leisure Centre
R.R.V.P. Pickering West Inc. (RIO CAN)
1755 - 1805 Pickering Parkway
South Part of Lot 17 & 18, Concession 1
(40R-20443, Part 1, 3, 5, 6, 7, 8, 9, 10, 11 & 40R-20442, Part 2)
City of Pickering
1.0 PROPERTY LOCATION AND DESCRIPTION
the subject property is approximately 9.5 hectares in size, and located on the
south side of Pickering Parkway, north of the 401, between Brock Road and
Notion Road (see Attachment #1 — Location Map);
the property is currently operating as a specialty retailing node within the City
of Pickering, also known as The Pickering Home and Leisure Centre';
Canadian Tire and residential uses (across Brock Road) located to the west,
First Pro Shopping Centre located to the north, vacant land and industrial
uses (across Notion Road - Ajax) located to the east, and the 401 and
industrial uses located to the south (see Attachment #2 — Applicant's
Submitted Plan).
2.0 APPLICANT'S PROPOSAL
- the applicant proposes to amend the existing zoning of the subject property to
permit additional uses and revise leasable floor area provisions (see
Attachment #3 — Proposed Zoning Changes).
n ^Information Report No. 02-05
a
3.0 OFFICIAL PLAN AND ZONING
3.1 Durham Regional Official Plan
Page 2
- the Durham Regional Official Plan identifies the subject lands as being
designated "Living Area";
- this designation permits special purpose commercial uses serving specialized
needs on an occasional basis with services and facilities which consume
larger parcels of land and require exposure to traffic;
- the applicant's proposal appears to comply with this designation;
3.2 Pickerinq Official Plan
- the subject property is designated "Mixed Use — Specialty Node" within the
Village East Neighbourhood;
- this designation permits hotels, limited offices, community, cultural and
recreational uses, limited residential development at higher densities, and
special purpose commercial uses such as: large format retailers, retail
warehouses, membership clubs, theme and/or specialty retailers, automotive
uses, and ancillary retailing of other goods and services including restaurants;
- this property is located within one of the two Detailed Review Areas within the
Village East Neighbourhood;
- Schedule II of the Pickering Official Plan — "Transportation Systems"
designates Pickering Parkway as a Type C — Arterial Road;
3.3 Zoning By-law 3036
- the subject property is currently zoned "M1-7/SPC-3" — Storage & Special
Commercial by By-law 3036, as amended by By-law 2351/87;
- the current zoning permits the following uses:
• Business Office;
• Commercial Club;
• Financial Institution, as accessory to a home and design centre only;
• Home and Design Centre;
• Home Improvement Centre, as accessory to a home and design centre only;
• Hotel;
• Professional Office;
• Retail Store;
• Restaurant — Type A;
• Vehicle Sales or Rental Establishment;
- the applicant is requesting to amend the existing zoning of the subject
property to permit additional uses and revise leasable floor area provisions
(see Attachment #4 — Zoning By-law 2351/87 & Attachment #5 — Applicant's
Proposed Zoning By-law);
- this amendment applies to 1755 -1805 Pickering Parkway.
•-1 "Information Report No. 02-05
4.0 RESULTS OF CIRCULATION
4.1 Resident Comments
- no resident comments have been received to date;
4.2 Agency Comments
- no agency comments have been received to date;
4.3 Staff Comments
Page 3
- in reviewing the application to date, the following matters have been identified
by staff for further review and consideration:
• the examination of existing and proposed Pickering Home & Leisure
Centre uses;
• the compatibility of the Pickering Home & Leisure Centre uses with
surrounding developments;
• the impact of revised leasable floor areas on the Pickering Home &
Leisure Centre and surrounding developments;
• the examination of parking requirements to ensure that the parking supply
is adequate on the site;
• the examination of the applicant's proposed by-law to ensure that it is
consistent with municipal standards;
- this Department will conclude its position on the application after it has
received and assessed comments from the circulated departments, agencies
and the public.
5.0 PROCEDURAL INFORMATION
- written comments regarding this proposal should be directed to the
Planning & Development Department;
- oral comments may be made at the Public Information Meeting;
- all comments received will be noted and used as input in a Planning Report
prepared by the Planning & Development Department for a subsequent
meeting of Council or a Committee of Council;
- if you wish to reserve the option to appeal Council's decision, you must
provide comments to the City before Council adopts any by-law for this
proposal;
- if you wish to be notified of Council's decision regarding this proposal, you
must request such in writing to the City Clerk.
' Information Report No. 02-05
6.0 OTHER INFORMATION
6.1 Appendix No. I
Page 4
- list of neighbourhood residents, community associations, agencies and
City Departments that have commented on the applications at the time of
writing report;
6.2 Information Received
- copies of the Applicant's Submitted Plan, Market Review prepared by
urbanMetrics inc., and a Planning Analysis Report prepared by The Biglieri
Group Ltd. are available for viewing at the offices of the City of Pickering
Planning & Development Department;
6.3 Property Principal
The owner of the property is R.R.V.P. Pickering West Inc. (RIO CAN) and the
applicant is RIOCAN Real Estate Investment Trust (Stuart Craig), and the agent
for this application is the Biglieri Group (Maurizio Rogato).
GXR:ld
Attachments
Copy: Director, Planning & Development
2A�
Lynda Taylor, MCI , RPP
Manager, Development Review
APPENDIX NO. I TO
INFORMATION REPORT NO. 02-05
COMMENTING RESIDENTS AND LANDOWNERS
(1) none received to date;
COMMENTING AGENCIES
(1) none received to date;
COMMENTING CITY DEPARTMENTS
(1) none received to date.
ATTACHMENTO I TO
INFORPAATION REPORP# 22- 0
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ATTACHMENT#Y-TO
INFORMATION REPORT# 04-05
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 2351/87
Being a By-law to amend Restricted Area (Zoning)
By-law 3036, as amended, to implement the Official
Plan of the Town of Pickering District Planning
Area, Region of Durham, in Part of Lots 17 and 18,
Concession 1, in the Town of Pickering. (Parts 6 to
13 inclusive and 22 and 23, Plan 40R-4576; and Plan
40R-5341). OPA 86-28/0/P; A 26/86
WHEREAS the Council of the Corporation of the Town of Pickering
deems it desirable to permit the development of certain industrial
and commercial uses on the subject lands;
AND WHEREAS an amendment to By-law 3036, as amended, is
therefore deemed necessary;
I
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. SCHEDULE "I"
Schedule "I" attached hereto with notations and references
shown thereon is hereby declared to be part of this By -law. -
2. AREA RESTRICTED
The provisions of this By-law shall apply to those lands in
Part of Lots 17 and 18, Concession 1, Pickering, designated
"Ml -7/ SPC -3" on Schedule "I" attached hereto.
3. GENERAL PROVISIONS
No building, land or part thereof shall hereafter be used,
occupied, erected, moved or structurally altered except in
conformity with the provisions of this By-law.
4. DEFINITIONS
In this By-law,
(1) "Business Office" shall mean a building or part of a
building in which the management or direction of a
business,a public or private agency, a brokerage or a
labour or fraternal organization is carriedon and which
.may include a telegraph office, a- data processing
establishment, a newspaper publishing office, the premises
of a real estate or insurance agent, or a radio or
television broadcasting station and related studios or
theatres, but shall not include a retail store; -
(2) "Commercial Club" shall mean an athletic, recreational or
social club operated for gain or profit and having public
,i or private membership;
i continued...
ATTACHMENT#-I—TO.
INFORMATION F EMT#
(3) "Financial Institution" shall mean a building or part of a
exchanged;
ein which money is deposited, kept, lent or
exchanged;
(4) "Food Store" shall meana building gr part of a building in
w _lc —primarily food produce is stored, offered and kept
for retail sale to the public and in which items or
merchandise of day -to=day household- necessity may be
stored, offered and kept. for retail sale to the public;
(5) "Gross Leasable Floor Area" shall mean the aggregate of the
foor, areas -of- a 1. storeys above or below established
grade, designed for owner or tenant occupancy or exclusive
use, only, .but excluding -storage areas below established
j
l grade;
'Revoked & (6) "Home and Design Centre" shall -mean a. buildinq or buildings
Amended by in which home related products including but not limited to
:Sy -law 2898/88 furniture, appliances, electrical fixtures,'carpets and floor
coverings, building and plumbing supplies, draperies, hardware
and garden supplies are storaJ, offered and kept for wholesale
or,retail sale, but shall not include food stores and ne.igh-
,j bourhood stores;
(7) "Home Im rovement Centre" shall mean a building or part of
'a ur ding used primarily for the display,. wholesale and
retail sale of building materials, hardware or accessories,
including lumber;
(a)
II
i
I
!Revoked &
Amended by "
lyy-law 2898/88
I
(10)
r
I;
I
"Flotel" shall mean a building, or two or more buildings
attacl ed above grade, used for the purpose of catering to
the needs of the.travelling public by providing overnight
sleeping accommodations of not less than 25 bedrooms and
may include uses accessory thereto, including meeting
rooms, conference rooms, recreational facilities and dining
and lounge areas;
(a) "Lot" shall mean an area of land fronting on a street
wh—is used or intended to be used as the site of a
building; or a group of buildings, as the case may be,
together with any accessory buildings or structues, or
a public park or open space area, regardless of whether
or not such lot constitutes the whole of a lot or block
on a registered plan of subdivision;
(b) "Lot Frontage" shall mean the width of a lot between
fiF sig at lines measured along a line parallel to
and.7.5 meEres distant from the front lot line; -
_"Neighbourhood SEore" 'shall
food,. drugs, periodicals or
household necessity are kept
residents of; or persons
neighbourhood;
mean a retail store in which
similar 'items of day -to=day
for retail sale primarily to
employed in the immediate
(11) "Parking Space" shall mean a usable and accessible area of
not ass than -5.95 square metres, for the temporary park-
ing of a vehicle, but shall not include any portion of a
parking aisle or driveway;
I
I�
i�
II
lj continued...
Amended by (17) "Vehicle Sales or Rental Establishment" shall mean an, establishment used
-law 5425/98 for. the sale, rent. or lease of vehicles, and which may include as an.
accessory use thereto, the outdoor display of vehicles for sale, rent, or
lease, a vehicle repair shop, a restaurant -type D with a gross floor space of
not more than 150 square metres, offices, a car wash, and sales of
automobile -related products, but shall not include any establishment
engaged in the retail sale of motor vehicle fuels.
UQ) g) to (18) "Convenience Store" shall mean a retail store inwhich food, 'drigs,-periodicals or '
(2 7) Amended similar items of day-to-day household necessity are kept for retail .sale primarily to
by By-law . residents or persons employedin'tfieimmediate neigl&urhood;
5'670/00
(19) `Discount Department Store" shall mean a discount department store as defined
by Statistics, Canada, such as but not limited to Zellers and Wal-Mart, engaged in
general merchandising of a wide- range of commodities and services which may
include but is, not limited to' apparel, hardware and household goods, garden
supplies, automotive supplies, leisure; pet and drug items and toys;-
'(20)
oys;
'(20) `Drug Store" shall mean a building or part of a building inwhich pharmaceutical
prescriptions are compounded and dispensed to the public, and where medicine,
medical supplies and associated merchandise, confectionery, items, cosmetics,
toiletries, periodicals; or similar items of day-to-day household necessity are
stored, displayed and offered for retail sale,
(21) "Food Store" shall mean a.building or part of a building in which primarily food
produce is stored, offered and kept for retail.sale to the public and in which items
or merchandise of day-to-day necessity may be stored, offered and kept for retail
sale to the public;
(22) ."General Merchandise Store" shall mean a general merchandise store as defined
by Statistics Canada (1980 Standard Industrial Classification Code 6413), such as
but not limited to Bi -Way; Bargain Harolds, -and Stedman, engaged in general -
merchandising of a wide range of commodities and services, which may include
but is not limited to apparel, hardware and household goods, garden supplies,
ATTACHMENT#.A.'10
INFORMATION REPORTCaLr.
' .(12)
"Restaurant -Type 0" shall mean a building or part of a
.i
building where food is prepared and offered or kept for
'retail
sale to the public for immediate consumption on the 'i
j
premises, and which may include an accessory take-out
:I
component; jI
(13)
"Warehouse" shall mean a building or part of a building i
I
Ij
w rc. is .used primarily for the housing, .storage, adapting
9
for sale, packaging, or wholesale distribution of goods,
wares, merchandise,. food=stuffs, substances, articles or
j
things, and includes the premises of a 'warehouseman but
jl
shall not include a fuel storage tank except as an
;I
accessory use;
':Revoked & .(14)
"Yard" shall mean an area of land which is ,appurtenant
'!Amended by
`Eo and .located on the same lot as a building or
i
8y -law 2898/68
structure and .is open, uncovered and 'unoccupied above
:I
ground except For such accessory buildings, structures,
Ij
or other. uses as are specifically permitted thereon;
II
Amended (15)
"Retail Warehouse -Type B" shall mean a warehouse of at least lillo0
by By -lata
square metres, having a floor -to -ceiling height of at least 5 metres,
11434/94
and in which over 101A but less than 90% of the gross floor area is
used for retail sales, but does not include a supermarket or department
store.
Amended by (16)
"Vehicle Repair Shoo" shall mean an establishment containing facilities
Ey-law 5425/98
for the repair and maintenance of vehicles on the premises, in which
vehicle accessories are sold and vehicle maintenance and repair operations
are performed for remuneration, but shall not include a body shop or any
establ ishment, engaged in the retail sale of vehicle fuels;
Amended by (17) "Vehicle Sales or Rental Establishment" shall mean an, establishment used
-law 5425/98 for. the sale, rent. or lease of vehicles, and which may include as an.
accessory use thereto, the outdoor display of vehicles for sale, rent, or
lease, a vehicle repair shop, a restaurant -type D with a gross floor space of
not more than 150 square metres, offices, a car wash, and sales of
automobile -related products, but shall not include any establishment
engaged in the retail sale of motor vehicle fuels.
UQ) g) to (18) "Convenience Store" shall mean a retail store inwhich food, 'drigs,-periodicals or '
(2 7) Amended similar items of day-to-day household necessity are kept for retail .sale primarily to
by By-law . residents or persons employedin'tfieimmediate neigl&urhood;
5'670/00
(19) `Discount Department Store" shall mean a discount department store as defined
by Statistics, Canada, such as but not limited to Zellers and Wal-Mart, engaged in
general merchandising of a wide- range of commodities and services which may
include but is, not limited to' apparel, hardware and household goods, garden
supplies, automotive supplies, leisure; pet and drug items and toys;-
'(20)
oys;
'(20) `Drug Store" shall mean a building or part of a building inwhich pharmaceutical
prescriptions are compounded and dispensed to the public, and where medicine,
medical supplies and associated merchandise, confectionery, items, cosmetics,
toiletries, periodicals; or similar items of day-to-day household necessity are
stored, displayed and offered for retail sale,
(21) "Food Store" shall mean a.building or part of a building in which primarily food
produce is stored, offered and kept for retail.sale to the public and in which items
or merchandise of day-to-day necessity may be stored, offered and kept for retail
sale to the public;
(22) ."General Merchandise Store" shall mean a general merchandise store as defined
by Statistics Canada (1980 Standard Industrial Classification Code 6413), such as
but not limited to Bi -Way; Bargain Harolds, -and Stedman, engaged in general -
merchandising of a wide range of commodities and services, which may include
but is not limited to apparel, hardware and household goods, garden supplies,
ATTACHMENT# I/ To
INFORMATION REqf`'Ti 2-o.
(23) "Maior Department Store" shall mean a major department.store as defined by
Statistics Canads, such as but not limited to Eaton's; Sears and The Bay, engaged
in general merchandising of a wide range of commodities and services, which
may include but is'nof limited to apparel, hardware and household goods, garden
supplies, automotive supplies,'leisure, pet and drug items and toys;
(24) 'Professional Office" shall mean 'a building or part of a building in which
medical, legal or other professional service is performed or consultation given,
:and which may. include a clinic, the offices of an architect, a chartered accountant,
an engineer, a lawyer or a physician, but shall not include a body -rub parlour as
defined by the Municipal Act, R.S.O. 1990, c.M. 45, as amended from
time -to -time, or any successor thereto;
(25) 'Restaurant , Type A" shall mean a building orpart of a building where food id
prepared and offered or kept for retail sale to the public for immediate
consumption on the premises or off the premises, or both, but shall not include an
adult entertainment parlour as defined in- the Municipal Act, R.S.O. 1990,
c.M. 45, as amended from. time -to -time, or anysuccesdor thereto;
(20 'Retail Storo" shall mean a building or part of a building in which goods, wares,
merchandise, substances, articles, or things are stored, kept and offered for retail.
sale to the public, but shall not include a foodstore, a discount department store, a
major department store, a; convenience store; a drug store; a video store, or a
general merchandise store;
(27) "Video Store" shall mean a building or part of a building. in which video cassette'
recorders and,tapes'and accessories thereto are stored, serviced, displayed, and..
offered for rent or retail sale to the public for use off the premises only.
I 5. PROVISIONS
Revoked (1)(a) Uses Permitted.C" Al-7/SPC-3" Zone
& Amended.
by ay-iaw No person shall,within the lands designated."M1-7/SPC-3" on Schedule 'T'
5670/90 attached hereto use any lot or erect, alter or use any Building or structure for any
purpose except the following; '
(i) business office;
,(ii) commercial club;
(iii) financial institution, as accessory to a home and design centre only;
(iv) ' home and design centre;
(v) 'home improvement centre, as accessory to a home and design centre only;
(vi) hotel;
(Vii)• professional office;
(viii) retail store,.
(ix) restaurant -type A;
- (x). ;vehicle sales or rental establishment.
�I (b) Zone Requirements.("M1-7/SPC-3" Zone)
' No person shall within the lands. designated "M1-7/ SPC -3"
on Schedule "I" attached hereto, use any - lot or erect,
alter or use any building except in accordance_ with the
rollowing.provisions:
q (1) YARD SETBACKS (minimum): as illustrated on
Revoked & Schedule 1 attached
Amended by hereto
BY -law
j 2B9B/BB (ii) BUILDING HEIGHT (maximum): 22 metres
r
ATTACHMENT##�i®
INFORMATION REPORT# 02-05
(ifri) OPEN STORAGE;
Revoked & (iv)
Amended by
By-law 5670/00
I�Revoked & tv)
Amended
it by 8y -law
�I 2898/86
All uses, other than parking, shall take place entirely
within enclosed buildings or structur
storage or display except: es with no outside
4 For the home improvement centre component of a home
and design centre, lumber and other supplies 'may be
stored or displayed outside so long as no
50% of the gross e Floor area of. that
thanleasablmore
component is used for storage or display, and all
such storage and display areas are completely and
permanently screened From all public roads ' by
buildings,. structures, walls, fences, lan
or any combination thereof.;, dscaping.,
8 Fox the .garden supply component of a home and
design centre, garden supplies may be stored .,
displayed in a partially enclosed stor
ructure I'
long as no more than 8e gross leasso
0% of thable
floor area of that component is used for storage or I
display, and all such storage or. display areas. are :I
completely screened From all public roads by „
buildings, structures; walls, Fences, landscaping
or any combination thereof.
PARKING REQUIREMENTS:
A For a vehicle sales 'Or rental establishment, there shall be provided and
maintained on lands designated 'Ml-7/SPC-3" on Schedule •I attached
hereto; .a minimum. of 4. parking spaces ,pal: 100 square metres for
customers and employees, in addition to any parking provided for the .
outdoor. display of vehicles for sale, rentor lease;
B For all other permitted uses, there shall be provided and maintained on
lands designated "Ml-7/SPC-3" on Schedule I 'attached• hereto, a
minimum of 1,000 parking spaces;
C Despite Sectign 5.21.2g) of By-law 3036, as amended, all parking areas
-shall be surfaced witli, brick, asphalt. or concrete, or -any combination
thereof:
SPCCIAL REGULATIONS:
R Ived all & A The maximum aggregate gross leasable floor area for restaurants.- type A shall
An enokded by" be 2,000 square metres, unless at least one restaurant - type A has a minimum
B law 5670/00 gross leasable floor area of d,000 square'metres, in which case the maximum
aggregate gross leasable floor area for all restaurants - type A shallbe 31000
square metres;
The aggregate of the -gross leasablc floor areas of qlh home and mlesiC
centres' on the lands designated "641-7/SPC-3" on SClredulr, 1 attached
to
hereto shall exceed 10,000 square metres;
C The percentage of the lands designated 'M -7/511C-3" on Schedule f
attached hereto covered by all buildings shall not exceed 40 percent'.
Amended by D The outdoor display of vehicles for sale, rent, or lease associated with a
By-law 5425/98 vehicle sales or rental establishment shall only be located within the
p hatched area identified on Schedule I attached hereto.
E II to x iB.. Maximum,aggregate gross leasable floor area for all uses shall be 27,000 square
ended by nmetres;
BY—law 5670/00
ATrACHMENT&l__'V__T0
INFORMATION REPOR7 0 02 D5
F Maximum aggregate gross leasable floor area for all -business and professional
of5ces shall be 6,000 square metres;
G Minimum unit size for a retail store shall be 1,400 square metres;
H. Notwithstanding clause G above, a maximum aggregate gross leasable floor area
of 9,000 square metres shall be permitted:
(1) for retail stores less than 1;400 square metres, but larger than.or equal to
300 square metres;
i (2) of which a maximum aggregate floor area of 1, 350 square metres shall be
permitted for retail stores less than 500 square metres, but larger than or
equal to 300 square metres.
6. OY-LAW 3036
'Revoked _
'I& (0 Dy -law 3036, as amended, is hereby further amendedonly to the extent necessary to
Amended give effect to the provisions of tills By-lawas it applies to the arca set onl In
by By-law Schedule I attached hereto. DeNril t tons '111d subjer-t matters not specifically dealt
2898/88 will! In this 6y -law shall be governed by the relevant provisions of By-law 3036, ns.
amended.
(2) Section 3.21.2(6) of By-law 3036, as amendvd, .511,111 not apply to the In ods designated
"1vlI-7/5PCr3" on Schedule I attached hereto.
(7) By-law 1547/87., which amended By-law 3036, is hereby revoked.
7. ENFORCEMENT -
(1) Any person who contravenes any of the provisions of this
By-law is guilty of an offence.and on conviction is liable,.
(a) on a first conviction to a fine
$20,000; and oP not more than
(b) on a subsequent conviction to a fine of not more than
$10,000 for each day 'or part thereof upon which the
contravention has •continued after the day on which he
was first convicted.
(2) Where a corporation is convicted under subsection (1), the
maximum penalty that may be imposed is,
(a) on a first conviction a fine of not more than $50,000;
and
(b) on a subsequent conviction a. fine of not more than
$25,000 for each day or part thereof upon which the
contravention has been continued after the day on which
the corporation was first convicted;
and not as provided in subsection (1).
A
ATTACHMENT!#_'/_,T0
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(3) Where a conviction is entered., under subsection (1),. in:
addition to any other remedy or penalty by law, the court
in which the conviction has been entered, and any court of
competent jurisdiction thereafter, may make an order
prohibiting the continuation or repetition of the offence
by the person convicted.
8. EFFECTIVE DATE
This By-law shall take effect from the day of passing hereof
subject .to the approval .of the Ontario Municipal Board, if
required. _
READ A FIRST AND SECOND TIME .THIS 19th DAY ,OF January ,'1987.
READ A THIRD TIME AND PASSED THIS 21st DAY OF April , 1987.
YOR j CLERK
OHN .E. ANDERSON BRUCE J. TAYLOR
TON.'N OF
PI('KF.RI!%!G
APPROvED
AS TO FOP•.t.`.
LE;AL
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ATTACHMENT# 570 .
'mFORMATION REM# 0? -05
Appendix A:
Proposed Zoning By -Law
PLANNING, DEVELOPMENT & PROJECT MANAGEMENT CONSULTANTS
26 Bellefair Avenue Toronto Ontario M41- 3T6
Telephone: 416-693-9155 Facsmile:416.693-9133
th ebig I i erig roup@sympatico.ca
ATTACHMENT#I.,.To�7"
INFORMATION REM#. ,
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NUMBER UU05
Being a By-law to amend Restricted.Area (Zoning).By-law 3036, as amended, to implement the
Official Plan ofthe City ofPickering District Planning Area, Region of Durham, in Part ofLots 17
and 18, Concession 1, in the City of Pickering. (Parts 6-13, 22&23, Plan 40R-9576; and Plan
40R-5341).
WHEREAS an amendment to By-law 3036, as amended, to permit expansion of the uses permitted on
the subject lands and to eliminate certain restrictions on commercial, retail and service uses on the subject
lands is deemed necessary by the Council of the Corporation of the City of Pickering;
NOW THEREFORE THE COUNCIL OF TIE CORPORATION OF THE CITY OF PICKERING
HEREBY ENACTS AS FOLLOWS:
SCHEDULEI
Schedule I attached hereto with notations and references shown thereon is hereby declared to be
part ofthis By-law.
2. AREA RESTRICTED
The provisions of the By-law shall apply to those lands in Part of Lots 17 & 18, Concession 1,
City of Pickering, designated as MU -SRN (2) on Schedule I attached hereto.
3. GENERAL PROVISIONS
No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or
structurally altered except in conformity with the provisions of this By-law.
4. DEFINITIONS
In this By-law,
(a) "Assembly Hall" shall means building or part of a building in which facilities are provided
for purposes such as civic, educational, political, religious or social meetings and which
may include an auditorium or a banquet hall;
(b) 'Body Shop" shall mean an establishment engaged in repairing or painting vehicle bodies;
ATTACkMEN'T# -5 'fly
'4JPnRMATION FEPORTO, 2-D5
-2-
(c) 'Business Office" shall mean a building or part of a building in which the management or
direction of a business, a public or private agency, a brokerage or a labour or fraternal
organizationis carried on and which may include a telegraph office, a data processing
establishment, a newspaper publishing office, the premises of a real estate or insurance
agent, or a radio or television broadcasting station and related studios or theatres, but shall
not include a retail store;
(d) "Commercial Club" shall mean an athletic, recreational or social club operated for gain
or profit and having public or private membership;
(e) "Commercial -Recreational Establishment" shall mean a commercial establishment in
which indoor recreational facilities such as bowling alleys, miniature golf courses, roller-
skating rinks, squash courts, swimming pools and other similar indoor recreation facilities
are provided and operated for gain or profit, and which may include an arena or stadium
but shall not include a place of amusement or entertainment as defined herein;
(f) "Convenience Store" shall mean a retail store in which food, drugs, periodicals or similar
items of day-to-day household necessity are kept for retail sale primarily to residents or
persons employed in the immediate neighborhood;
(g) 'Discount Department Store" shall mean a discount department store as defined by
Statistics Canada, such as but not limited to Zellers and Wal-Mart, engaged in general
merchandising of a wide range of commodities and services which may include but is not
limited to apparel, hardware and household goods, garden supplies, automotive supplies,
leisure, pet and drug items and toys;
(h) 'Drug Store" shall mean a building or part of a building in which pharmaceutical
prescriptions are compounded and dispensed to the public, and where medicine, medical
supplies andassociatedmerchandise, confectionery items, cosmetics, toiletries, periodicals,
or similar items of day-to-day household necessity are stored, displayed and offered for
retail sale;
(i) 'Dry Cleaning Depot" shall mean a building or part of a building used for the purpose of
receiving articles, goods, or fabrics to be subjected to dry-cleaning and related processes
elsewhere, and of distributing articles, goods, or fabrics which have been subjected to any
such processes;
(j) 'Duplicating Shop" shall mean part of a building where such items as letters, plans,
pictures and documents are reproduced by photostating, blueprinting or other similar
methods;
ATTACMMENTO.5,70
INFORMAnONRb ` O, OZ OS
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(k) "Financial Institution" shall mean a building or part of a building in which money is
deposited, kept, lent or exchanged, and which includes a chartered bank or branch
thereof;
(1) 'Floor Area" shall mean the aggregate of the floor areas of all above and below grade
storeys, but shall exclude the floor area of any stairwells, elevators, and any part below
established grade used exclusively for storage purposes;
(m) 'Food Store" shall mean a building or part of a building in which primarily food produce
is stored; offered and kept for retail sale to the public and in which items or merchandise
including items of day -today necessity may be stored, offered and kept for retail sale to
the public;
(n) "General Merchandise Store " shallmean a retail store engaged in general merchandising
of a wide range of commodities and services, which may include but is not limited to
apparel, hardware and household goods, garden supplies, automotive supplies, leisure, pet
and drug items and toys;
(o) "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all storeys
above or below established grade, designed for owner or tenant occupancy or exclusive
use only, but excluding those areas used exclusively for storage purposes which are below
established grade or within mezzanines;
(p) 'Motel" shall mean a building, or two or more buildings attached above grade, used for the
purpose of catering to the needs of the traveling pubic by providing overnight sleeping
accommodations of not less than 25 bedrooms and may include uses accessory thereto,
including meeting rooms, conference rooms, recreational facilities and dining and lounge
areas;
(c) 'Lot" shall mean an area of land fronting on a street which is used or intended to be used
as the site of a building, or a group of buildings, as the case may be, together with any
accessory buildings or structures, or a public park or open space area, regardless of
whether or not such lot constitutes the whole of a lot or block on a registered plan of
subdivision;
(r) 'Lot Frontage" shall mean the width of a lot between the side lot lines measured along a
line parallel to and 7.5 metres distant from the front lot line;
(s)"MajorDepartment Store "shallmean amajor departmentstore as defined by Statistics
Canada, such as but not limited to Sears and Tire Bay, engaged in general merchandising
of a wide range of commodities and services, which may include but is not limited to
ATTACHPAk'NTO 570
'"FORMATION REl M
I '
0
apparel, hardware and household goods, garden supplies, automotive supplies, leisure, pet
and drug items and toys;
(t) 'Personal Service Shop" shall mean an establishment in which personal service is
performed and which may include a barber shop, a beauty salon, a shoe repair shop, a
tailor or dressmaking shop or a photographic studio, but shall not include a body -rub
parlor as defined in the Municipal Act, R.S.O. 1990, c.M. 45, as amended from time -to -
time, or any successor thereto;
(u) 'Place of Amusement or Entertainment" shall mean a building or part of a building in
which facilities are provided for amusement or entertainment purposes, and which may
include a billiard or pool room, a dance hall, a music hall, or a theatre, but shall not include
an adult entertainment parlour as defined in the Municipal Act, R.S.O. 1990, c.M. 45, as
amended from time -to -time, or any successor thereto;
(v) 'Professional Office" shall mean a building or part of a building in which medical, legal
or other professional service is performed or consultation given, and which may include a
clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or a
physician, but shall not include abody-rub parlour as defined by the Municipal Act; R.S.O.
1990, c.M. 45, as amended from time -to -time, or any successor thereto;
(w) 'Restaurant - Type 'T' shall mean a building or part of a building where food is
prepared and offered or kept for retail sale to the public for immediate consumption on the
premises or off the premises, or both on and off the premises, and which may include a
drive-through, order and pick-up service, but shall not include an adult entertainment
parlour as defined in the Municipal Act, R.S.O. 1990, c.M.45, as amended from time -to -
time, or any successor thereto;
(x) 'Retail Store" shall mean a building or part of a building in which goods, wares,
merchandise, substances, articles, or things are stored, kept and offered for retail sale to
the public, but shall not include a food store, a discount department store, a major
department store, a convenience store, a drug store, a video store, or a general
merchandise store;
(y) "Vehicle Repair Shop" shall mean an establishment containing facilities for the repair and
maintenance of vehicles on the premises, in which vehicle accessories are sold and vehicle
maintenance and repair operations are performed in return for remuneration, but shall not
include a body shop or any establishment engaged in the retail sale of vehicle fuels;
(z) "Vehicle Sales or Rental Establishment" shall mean an establishment used forthe sale,
rent or lease of vehicles, and which may include as an accessory use thereto, the outdoor
ATrt cHMEN4S#_i_'O
1NFOWGATION FEMU 0-?
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display of vehicles for sale, rent, or lease, a vehicle repair shop, a restaurant -type F with
a gross floor space of not more than 150 square metres, offices, a car wash, and sales of
automobile -related products, but shall not include any establishment engaged in the retail
sale of motor vehicle fuels;
(aa) "Video Store" shall mean a building or part ofa building in which video players and media
and accessories thereto are stored, serviced, displayed, and offered for rent or retail sale
to the public -for use off the premises only;
(bb) "Warehouse" shall mean a building or part of a building which is used primarily for the
housing, storage, adapting for sale, packaging, or wholesale distribution of goods, wares,
merchandise, food -stuffs, substances, articles or things, and includes the premises of a
warehouseman but shall not include a fuel storage tank except as an accessory use;
(cc) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as
a building or structure and is open, uncovered and unoccupied above ground except for
such accessory buildings, structures, or other uses as are specifically permitted thereon.
PROVISIONS
(a). Uses Permitted
No person shall, within the lands designated MU -SRN (2) on Schedule I attached hereto, use any lot or
erect, alter or use any building or structure for any purpose except the following, subject'to specific
provisions in this By-law:
(i) assembly hall;
(u) business office;
(iii) commercial club;
(iv) commercial -recreational establishment;
(v) convenience store;
(vi) discount department store;
(vh) drug store;
(vin) -dry cleaning depot;
(ix) duplicating shop;
(x) general merchandise store;
(xi) personal service shop;
(xn) financial institution;
(xiii} food store;
(xiv) hotel;
ATTACHI•r1ENT#–,�-7TO
INFORMA"aiMN REPORT # 6®
(xv)
professional office;
(xvi)
restaurants - type 'T";
(xvh)
retail store;
(xviii)
vehicle sales or rental establishment;
(xix)
vehicle repair shop;
(xx)
video store.
(b) Zone Requirements "MU -SRN (2)" Zone
No person shall, within the lands designated MU-SRN(2) on Schedule I attached hereto, use any Lot or
erect, alter or use any building except in accordance with the following provisions:
(i) YARD SETBACKS (minimum):
(u) BUILDING HEIGHT (maximum):
(iu) OPEN STORAGE:
as illustrated on Schedule I attached
hereto
22 metres
(A) All permanent uses, other than parking, shall take place entirely within
enclosed buildings or structures with no outside storage or display;
(B) Notwithstanding the foregoing, an outdoor sales and display area may be
established and maintained in conjunction with and as accessory to any
food store, discount department store, or retail store in excess of 1,750
square metres, provided that the outdoor sales and display area is not
more than 20% of the floor area, up to a maximum of 2,000 square
metres, and further provided that all such outdoor storage and display
areas shall be completely screened from all public roads by buildings,
structures, walls, fences, landscaping, or any combination thereof;
(C) Notwithstanding clause A and B above, a maximum of one. outdoor
storage and display area may be established and maintained on lands
designated MU -SRN (2) on Schedule I attached hereto, in conjunction
with and accessory to a retail store with a minimum floor area of 9,000
square metres, devoted primarily to the sale ofhome improvement items,.
provided that the outdoor storage and display area does not exceed 3,000
square metres in size, is completely screened by buildings, structures,
walls, fences, landscaping or any combination thereof; and provided
further that the area devoted to outdoor storage s hall not be included in
the calculation of floor area or gross leasable floor area.
- ATTACHAAM TO c�
INFORMATION R POR -1' #® O2
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(iv) PARKING REQUIREMENTS
(A) For a vehicle sales or rental establishment, there shall be provided and
maintained on lands designated MU -SRN (2) on Schedule I attached
hereto, a minimum of 4 parking spaces per 100 square metres for
customers and employees, in addition to any parking provided for the
outdoor display of vehicles. for sale, rent or lease;
(B) For all other permitted uses, there shall be provided and maintained a
minimum of 1000 parking spaces on the lands designated as MU -SRN
(2) on Schedule I attached hereto;
(C) Notwithstanding, Section 5.21.2g) and 5.21.2k) of By-law 3036, as
amended, all entrances and exits to parking areas and all parking areas
shall be surfaces ofbrick, asphalt or concrete, or any combination thereof;
(D) Section 5.21.2 (b) of By-law 3036, as amended, shall not apply to the
lands designated MU -SRN. (2) on Schedule I attached hereto.
(y) SPECIAL PROVISIONS:
(A) A maximum of one food store with a floor area greater than 700 square
metres shall be permitted on the lands designated MU -SRN (2) on
Schedule I attached hereto;
(B) The percentage of lands designated MU -SRN (2) on Schedule I attached
hereto covered by all buildings shall not exceed 40%;
(C) Notwithstanding any other provision contained herein, an enclosed
shopping centre, pedestrian mall, or other enclosed pedestrian structure
providing access to more than one building for members of the public,
shall not be permitted;
(D) The outdoor display of vehicles for sale, rent or lease associated with a
vehicle sales and rental establishment shall only be locatedwith the
hatched area identified on Schedule I attached hereto;
(E) The maximum gross leasable floor area for all uses shall be 27,000 square
metres;
n ATTAOHmF_NT# -� To
VNFORMAMONRE'Ma1'# 02 t�5
10
(F) The maximum aggregate gross leasable floor area for all business offices
and professional offices shall be 6,000 square metres;
(G) Maximum aggregate floor area for all restaurants - type "F" shall be 2,000
square metres, unless at least one restaurant - type "F" has a minimum
floor area of 1,000 square metres, in which case the maximum aggregate
floor area for all restaurants-. type "F" shall be 3,000 square metres;
(11) Minimum unit size for a retail store shall be 1,400 square metres;
(1) Notwithstanding clause H above, a maximum aggregate floor area of
1,350 square metres may be used for retail stores less than 1,400 square
metres.
6. By -Law 3036
(a) By-law 2351/87, as amended, be and is hereby revoked..
(b) By-law 3036, asamended, is hereby fiuther amended only to the extent necessary to give
effect to the provisions of this By-law as it applies to the area set out in Schedule 1
attached hereto. Definitions and subject matters not specifically dealt with in this By-law
shall be governed by the relevant provisions of By-law 3036, as amended;
(c) In the event of any inconsistency between the provisions of this By-law and any general
provisions of By-law 3036, then the provisions ofthis By-law shall be deemed to govern.
7. EFFECTIVE DATE
This By-law shall take effect from the day of passing hereof.
READ A FIRST AND SECOND TIME THIS DAY OF 2005.
READ A THIRD TIME AND PASSED THIS DAY OF 2005.
ATTAcl BAENT#-,f-TG
°4 INFORIVIATIONRIrP=# 62 -DS
Im
Mayor Clerk
K:\JFARBER\WpData\RioCan\Pickering Design Centre Re-Zoning\By-Iaw3.wpd